Trade Mark Registration in India

How to register trademark:

Step 1 : Select a Trade Mark or Trade marks and check whether it is already registered in your business or not

Step 2 : Email us and send the trade mark for Search and also mention the nature of Business.

Step 3 : Our Legal team will draft application for Trada Mark application and file it with the registry of trade mark

Summary of Registration of TM in India, Trade Mark in India or Trade Mark in India or Trade Marks in India:

Trademark Search : It is advisable to conduct a trademark search for the relevant classes before filing the application to register a trademark in order to make sure that there is no identical or similar trademark already registered or for which an application for registration has been submitted.

Filing Application : The application to register the trademark is filed with the Registrar of Trademarks.

Publication in the Trademark Gazette : If after a preliminary examination, the Trademark Registrar considers the mark to be distinctive, it orders the publication of the mark in the Trademark Gazette. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given by an opponent and opposition is refused, mark proceeds for grant of registration certificate.

Trademark Registration : The trademark is registered and the trademark registration certificate is issued by the Registrar of Trademarks.

If there is no objection and/or opposition raised, the process of registration of trademark usually takes 1 to 1.5 years and incase of any objection/opposition proceedings it usually takes approx 2 years.

What is a trade mark?

A trademark is a distinctive sign or indicator used by an individual, business organization or other legal entity to identify that the products and/or services to consumers with which the trademark appears originate from a unique source of origin, and to distinguish its products or services from those of other entities.

What is the function of a Trademark?

Under modern business condition a trade mark performs four functions.

It identifies the goods / or services and its origin

It guarantees its unchanged quality

It advertises the goods/services

It creates an image for the goods/ services.

Selecting a suitable Trade Mark. Following Points To Remember:

If it is a word it should be easy to speak, spell and remember.

The best trade marks are invented words or coined words

Please avoid selection of a geographical name. No one can have monopoly right on it.

It is advisable to conduct a market survey and a search at Trademark office to ascertain if same/similar mark is used in market

It is advisable not to imitate another person's trade mark or any other well known trade mark even if the goods or services are different.

Before applying for registration it is advisable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar by making a request on Form TM-55 with a prescribed fee.

Further a request can be made on Form TM-54 with a prescribed fee to obtain an official report to ascertain whether any identical or deceptively similar trade mark exists on the Register or is pending for registration for the same or similar goods or services

Types of Trademarks that can be Registered:

Under the Trademark Act the following are the types of trademarks that can be registered.

Product trademarks: Select

Service trademarks: are used to identify the services of an entity, such as the trademark for a broadcasting service, retails outlet, etc. They are used in advertising for services.

Certification trademarks: are those that are capable of distinguishing the goods or services in connection with which it is used in the course of trade and which are certified by the proprietor with regard to their origin, material, and the method of manufacture, the quality or other specific features.

Collective trademarks: are registered in the name of groups, associations or other organizations for the use of members of the group in their commercial activities to indicate their membership of the group.

Documents for Filing a Trademark application:

Power of Attorney: to be notarized by a Notary Public. Late filing allowed within 2 months

Priority Document: Certified. Late filing allowed within 2 months.

Time Constraint. Time Frame for Registration:

An undisputed registration process would take around twelve to fifteen months.

Duration of Registration and Renewal:

The term of a trademark is ten (10) years from filing date. It can be renewed further after every ten (10) years. The application for renewal has to be made within six month from the date of expiry of the trade mark.

The compulsory period of use to avoid cancellation:

Five (5) years of non-use of trademark may cause cancellation on petition filed by any person under section 92. There is a cancellation system on the ground of non-use of a registered mark or fraudulent obtaining of the trademark by filing petition for rectification of the trademark under Section 92 of the Trademarks Act.